A hotel incident report may contain only a few paragraphs. The report identifies the guest who caused the disturbance that occurred, names the respondent employees and records the date the management was informed.
This report may bring up more questions for attorneys than it can be able to. Who was the supervisor of the employees who were involved in this case? Was surveillance footage preserved? Was the property following the rules? Did the property have previous interactions that weren’t recorded in the report.
These questions show why it is often necessary to study business records before witness testimony in a case involving hospitality.
Start with the documents created in Normal Operation
The hospitality industry produces records for training, scheduling, guest service, security, and administration. Even though these documents weren’t created to be used in litigation, they are useful for documenting how a facility did during a particular incident.
A Hospitality expert witness may examine staffing schedules, operating procedures, employee training files, security logs, and surveillance recordings to understand the responsibilities assigned to different personnel. For instance one policy may state that the manager must respond to an employee who reports an intoxicated client.
Investigating whether or not the manager was actually working on the report, whether or no report was distributed and the response supported by evidence should be the primary objective. It is more important to look at actual actions than to assume that written directives were followed or ignored.
Restaurant records require their own Interpretation
The employees are split among the catering, beverage prep, customer requests and dining-room management. This poses a challenge for investigation into restaurant operations. A restaurant expert witness can explain the impact of these roles on the choices taken by employees while they serve.
Imagine a scenario in which the customer ordered drinks at the bar, and later transferred to tables. The bar receipt might document the initial purchase, whereas the restaurant transaction records might document subsequent orders.
The records could not provide what the server knew of the previous service. Examining all the information together such as the server’s assignments and times of transactions together with the management’s notes and employee statements will help clarify the order of events. There is a distinction to be made The fact that alcohol was sold doesn’t automatically suggest that employees are aware of the presence of alcohol.
Casino Investigations may require different records
Casinos have beverage programs that are different from those offered by eateries. Additional sources of information include free drinks serving mobile cocktails, mobile cocktail servers as well as gaming floor supervisors.
A certified witness from a casino can review the beverage staffing assignments as well as surveillance video including security reports, employee communication protocols. If the beverages are offered as a complimentary benefit, traditional sales receipts can be incomplete.
In these circumstances the investigation may rely more on surveillance, employee observation service records, and other documented procedures. Experts must recognize the weaknesses of evidence rather than relying on insufficient data as evidence.
Make sure you save the evidence prior to when it’s unavailable
The preservation of documents that are sensitive is a practical concern for litigation involving hospitality. Certain surveillance systems can only store records for a specific period of time. Schedules of employees, internal communications and incident documentation may be kept in various systems or departments. Attorneys need to identify and archive any relevant records as quickly as is possible.
The appropriate scope will depend on the facts. For example, a restaurant may need the records of its dining room and bar. A resort-related incident could require event documentation, travel arrangements, or security communications. A specific audit helps determine the relevant records without having to assume that all departments played some role.
Operational Experience Helps Explain the Paperwork
Preston Rideout has worked in hospitality since 1996, with expertise in bartending, nightclub management, as well as multi-unit drinks operations. Through Rideout Hospitality Consulting, established in 2010 by Preston Rideout, he has provided advice to hotel, restaurant, and resort operators throughout the United States and internationally.
Expert witness testimony for plaintiffs and defendants has included matters involving casinos, resorts, restaurants, and hotels. This operational background can be helpful when interpreting records that may appear simple to someone unfamiliar with hospitality management.
A staffing schedule For instance, it identifies the individuals who were given the task. To determine whether the assignments were proper, you need to know the model of service for the facility and its operational conditions.
Clarity in the questions is the first step in an argument that is stronger
An early review by an expert can aid attorneys in distinguishing between documented facts and unresolved questions. It may identify additional records worth requesting, clarify what the legal terminology is for depositions and establish which employee decisions need closer scrutiny.
It is not required to prove that a written policy was followed when there are contradictions.
It is the significance of an expert’s report that illustrates these distinctions by using recognized best practices in the industry and evidence. When lawyers prepare a hospitality case, understanding the operation before questioning its employees could lead to a more focused, credible investigation of what actually happened.